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DIFFERENCE BETWEEN

SECTION 8 COMPANY & A


PUBLIC/PRIVATE
COMPANY
Private Company
Areas of Comparison Section 8 Company

A section 8 company can be


registered as a limited company for
promoting commerce, art, science,
A private/Public limited company
religion, charity or any other useful
Permitted scope of Activities is always established for profit
purpose.
making objective.
The Company needs to apply its
profits if any or other income in
promoting its objects.

The main components of the


The main components of the
Financial Statement of any
financial statement of a section 8
company other than section 8
Financial Statements companies are-Income &
companies are-Statement of
Expenditure Account, Receipts &
Profit & Loss, Balance Sheet &
Payment Account & Balance Sheet.
Cash flow Statement.

A Section 8 company is not A company other than section 8


permitted to sell any product or company must generate revenue
Revenue services to generate revenue. by selling any product or
Any donation or grants received services.
are recorded as revenue.
Areas of Comparison Section 8 Company Private Company

The profit generated by a


No section 8 company is company other than a section 8
Dividend distribution permitted to distribute the company can be distributed as
surplus earned as dividend. dividend between the
shareholders.

There is no limit for the


The maximum number of
maximum number of directors for
directors are restricted to 15 in
a Section 8 company under
case of a limited or private
section 149(1)(b). However as
Number of Directors limited company & to increase
per section 149(1)(a) the
the number of directors the
minimum number of directors are
company must pass a special
applicable & same as a Limited
resolution.
company.
Number of Board Meetings As per section 173(1) of A company other than a Section
Section 173(1) & (5) Companies Act ,2013 the 8 company must hold minimum
minimum number of Board of 4 board meeting in a year &
meeting for a section 8 company the interval between each
is 2 in a year subject to not less meeting must not more than 120
than 90 days interval between days.
each meeting. The company has
to hold the meetings bi-annually.
Areas of Comparison Section 8 Company Private Company/Public company

Interest Charged-section Section 8 company in which 26%


186(7) or more of paid-up share capital is
held by the central government or
one or more state governments or
both, may give interest-free loan
for funding industrial R&D projects
in furtherance of its objects as
stated in its Memorandum of
Association.

No of directorships (sec Section 165 which refers to the As per section 165 no person can be
165) limit of maximum number of appointed as a director in more than
directorship which is not 20 companies in case of a public
applicable for a Section 8 company
company.
Consent to act as a Section 152 which refers to the Every person shall furnish to the
director-Section 152(5) consent of the director is not company his consent to act as a
applicable on section 8 company. director. The consent must be
furnished on or before his
appointment as a director. The
consent letter needs to be filed with
ROC within 30 days of appointment.
Private Company/Public
Areas of Comparison Section 8 Company
company

Tax exemption If a section 8 company utilizes No such benefit is applicable for


85% of the grants received on a company other than a section 8
the same year then the surplus company.
earned gets tax exemption.

Company Secretary -Section A section 8 company can appoint It’s compulsory for a company
2(24) any person as a company other than a section 8 company
secretary. It's not mandatory for to appoint a company secretary
that person to be a member of who must be a member of ICSI.
ICSI.

Minimum Paid up share capital The minimum paid up share The amount of minimum paid up
capital is not applicable. share capital must be satisfied as
per section 2(68) & 2(71).
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